Question :

Dear sir
I have a situation regarding selling a property and bayana(token) , we have a house which we wanted to sell in Rawalpindi , cost around 5.5 or million pkr , we put a ad on olx and got some parties interested to make a deal with us , we got agreed with one party with the highest bid , and they liked the house really much , they asked us to remove ad and confirmed the purchase of the house with a agreed Amount ,we gave them photocopies of national ID card and home registry to confirm legality of the house they r purchasing , next day we both went to stamp seller who they arranged for us and they made a bayana amount of 5lacs rupees on a check which is mentioned on the stamp paper , furthermore there are claws regarding penelty if any of us draw back or cancel the deal , like if we as a seller draw back then we have to pay double the amount of bayana and if he changes his mind then he loses his bayana , now after check was signed and delivered to us and stamp agreement of 20rupess was signed with thumb impressions we came home around 15:00 clock , then around 22:00 o clock I receive a call from him same day where he ask me to throw the check and agreement because he is not more interested because of personal problems. He said that his brother in England came to an accident and need all of his money and he is going to England after two days , which was a lie ,
I have already lost all the customers(parties) who were bidding reasonable as I said to everyone that house is sold as bayana was made and agreement was written on stamp paper ,
Now what possibles do I have , as I have talked with him today so he said that he have called to his bank and cancelled the check which was given to me as bayana , check number is also written on agreement , it must be the stamp seller who changed his mind , but that’s not the biggest concern ,
I want to sort out this situation as soon as possible , I have delievered the check to my bank to cash out and will get reply in two days , after 48h , but this buyer said to me during call conversation that he have already cancelled the check with his bank over telephone ,
Please I need help in the case , as I live in Denmark and came for two months holidays , my parents only live in Pakistan ,
I as a human gave him few options to sort the thing out with him , like If he have a genuine problem and traveling to England like he told me then he must show me confirm tickets or visa , or I will try to sell the house again for 5.5m and if it get sold I will return the amount , or will take the difference from bayana with many other easy options just to find a solution ,
I hope u have well understood my situation , I do check my emails on regular basis. And hope to hear soon from u ,
Kindly regards

Answer:

  1. Dear Sir, Please dont take it as normal cancel of agreement. I am 100 % sure that the buyer has the original agreement to sell or Token receipt. whether it was a token only or agreement to sell i,e Bayana..? ) He may get a stay order from civil court and after spending some time of few months, ll ask for settlement/blackmailing.

    Please contact us or engage some other lawyer to deal with it legally. if cheque is bounced, you should cancel the deal by sending him a proper legal notice . or if it was a agreement to sell then it should be cancelled through court.

    you may call us for more consultation at +92 321 4610092. Please also send us the copy of agreement/token at ghkmayo@paklawyer.com.

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